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HomeMy WebLinkAboutPK07-277 - Original - Pediatric Interim Care Center - Use of Centennial Center Parking - 7/14/07 Pit Records Man�agernemT� Kri WASHINGTON Document ieI _ I I �t'lei CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Vendor Name: PICC Vendor Number: JD Edwards Number Contract Number: 1*07' 6177 This is assigned by Deputy City Clerk Description: Use of Centennial Center Garage for Fund Riser during Cornucopia Days Detail: Project Name Contract Effective Date: Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Charlie Lindsey Department: Parks Facilities Abstract: S Pubhc\Recordsmonagement\Forms\ContractCover\ADCL7832 07/02 1 I KENT W A HIN 0TON PERMIT AGREEMENT THIS PERMIT AGREEMENT is entered into between the City of Kent, a Washington municipal corporation("City) and Pediatric Interim Care Center ("PICC"). 1. Permit and Conditions. City agrees to provide PICC this non-exclusive permit to utilize the City's Centennial Parking Garage facility ("Property") for Cornucopia event parking as follows: A. PICC may charge the public $4.00 for event parking for Cornucopia Days between the hours of 9.00 a.m. through 5:00 p.m.on July 14,2007,and the hours of 9:00 a in. through 3.00 p,m. on July 15, 2007. B. This permit is granted to PICC at no charge and is revocable at will. C. All proceeds PICC collects from event parking shall be used for programs relating to the poor and infirm. D. PICC shall reasonably carry out the uses allowed within the Property so as not to interfere with the City's use and operation of the Property. PICC's use of the property shall not restrict or interfere with tenant and City vehicle access and parking. E. PICC shall maintain the Property in good condition,shall clean any debris and litter, and shall be responsible for any property damage resulting from its use of the property. 2. Indemnification. PICC shall defend, indemnify, and hold City harmless from any and all claims, causes of action, liability, damage, expense (including all legal costs and attorney fees), suits, or judgments for personal injury or property damage arising from or in any way connected with the operation and use of the property or this Permit Agreement, but only to the extent of PICC's negligence or comparative fault. • The provisions of this paragraph shall survive the expiration or termination of this Agreement 3. Insurance. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference 4. Modification. This permit may not be modified,altered,or amended unless first approved in writing by the City. 5. Breach. In the event of any alleged breach or threatened breach of this Permit Agreement by either party, and if City and PICC are unable to cure the breach or otherwise resolve their dispute,then final resolution of the dispute or claim shall occur solely under the jurisdiction and venue of the King County Superior Court,and each party shall be responsible for its own legal costs and attorney fees incurred in defending or bringing that claim or lawsuit. 6. Entire Agreement. This Permit Agreement document contains the entire agreement between the parties and, in executing it, City and PICC do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein. 7. Notices. All notices,requests,demands,or other communications provided for herein shall be in writing and shall be deemed to have been given when sent by registered or certified mail,return receipt requested,addressed,as the case may be,to the addresses listed below for each party,or to such other person or address as either party shall designate to the other from time to time in writing forwarded in like manner: City of Kent Charlie Lindsey, Facilities Superintendent 220 Fourth Avenue South Kent, WA 98032 Pediatric Interim Care Center Kent, WA 98032 8. Counterparts. This permit may be executed in two or more counterparts, any of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, this Permit Agreement is executed and shall become effective as of the last date signed below. TU* oKent Pediatric Interim Care Center BJ90 E a-,,-C Print Name: er " �- Print Name- Its: auwt�►a Its:�X . �� ,P�ns1A&f' Date: �a 0 Date:6, --! P 1C�FomMuds,Eeaemenu Qu+iC6imUad.LeueAPemu.lBTCoroucnPaPslun62009 da PERMIT AGREEMENT-2 r EXHIBIT A INSURANCE REQUIREMENTS FOR FACILITY USE AGREEMENTS Insurance The User shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arse from or in connection with the use of the Premises. User shall provide a certificate of insurance evidencing: General Liability insurance covering premises,products-completed operations and contractual liability. The City shall be named as an insured on User's General Liability insurance policy. The General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The insurance policy shall contain, or be endorsed to contain that the User's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Lessee's insurance and shall not contribute with it. The User shall provide a certificate of insurance evidencing the required insurance before using the Premises. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VH. i-eu�PIverm UBte w vmw U3 12 PM Page 2 of 3 ACORD CERTIFICATE OF LIABILITY INSURANCE OF ID E DATE IMMID0NYYY) PEDIA-1 07/11/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Tom Taylor Insurance Erks, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3401 South 19th Street HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.O. Sox 7187 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Tacoma WA 98406 Phone 253-284-7900 Fax•253-284-7901 INSURERS AFFORDING COVERAGE NAICk INSURED INSURER Admiral Insurance Co INSURER B Pediatric Interim Care Center INSURER 328 4th Ave S INSURER Kent WA 98032 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMLNT TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PFRTAIN THE INSURANCE AFFORDED B"THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE-ERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDLCED BY PAID CLAIMS LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE C4M/ODIY7 DATE(MM/DDIYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE E 1, 100,000 A X COMMERCIAL GENERAL LIABILITY CODC000031604 07/01/07 07/01/08 PREMISES(Eao-,urence) E X CLAIMS MADE F OCCUR MED EXP(Anv one person) E PERSONAL E ADV INJURY $ X Professional Liab GENERAL AGGREGATE $3,000,000 GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOPAGG E3,000,000 POLICY 7,PRO- JECT 7 LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ..NN ALTO (Ea acnaent) ALL OJvTED AUTOS BOD0."INJURY $ SCHEDULEDAUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON OWNED AUTOS [Per awdent) PROPERTY DAMAGE $ (Pe accic Pn[) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ 11 ANY AUTO OTHER THAN LA ACC $ AUTO ONLY ASS $ EXCESSAJMBRELLA LIABILITY EACH OCCURRENCE L OCCUR CLAIMS MADE AGGREGATE $ L DEDUCTIBLE $ RETENTION $ $ WORAERS COMPENSATION AND TO" LIMITS FR EMPLOYERS'LIABILITY ANT PROPRIETORIPARTNERIEXECUIIVE EL E4CHACCIDENT $ OFFICERJMEMBER EXCLUDED EL DISEASE EA EMPLOYEE $ It yes AL. SPECIAL PROVISIONS PROVISIOISIO NS belmv E L DISEASE POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISICNS Cornopia Days, July 14th S 15th 2007 Certificate holder is additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Kent NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Rosa Lee Givens 400 W GOve IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Kent WA 98032 REPRESENTATIVES WED REPRE ACORD 25(2007l08) ©ACORD CORPORATION 1988 i rani ur<¢umuiunaw ru lulu i¢pu niauau.c uunaa i ¢nuJ iu iwa¢�cc�rvcna v¢rc niu<uur w i<nn rage aui,o t IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2001108)